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South Africa Case Law

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Commercial And Corporate [2019] ZAWCHC 162

Octofin (Pty) Ltd v Hugenote College (17084/2010)

Octofin (Pty) Ltd v Hugenote College (17084/2010) [2019] ZAWCHC 162 (27 June 2019)

High Court insurance-broker appeal partly succeeded: the main underinsurance claim failed, but the college recovered R389,314 on an alternative claim.

  • Professional Indemnity
  • Insurance Broker Liability
  • Quantum Of Damages
  • Cross Appeal Requirement
  • Insurance-broker-liability
  • Underinsurance
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Commercial And Corporate [2019] ZASCA 11

Centriq Insurance Company Limited v Oosthuizen and Another (237/2018)

Centriq Insurance Company Limited v Oosthuizen and Another (237/2018) [2019] ZASCA 11; 2019 (3) SA 387 (SCA) (14 March 2019)

The Supreme Court of Appeal held that Centriq’s exclusion clause did not bar cover for negligent financial advice causing an unsafe investment loss.

  • Insurance Contract Interpretation
  • Professional Indemnity
  • Exclusion Clause
  • Contra Proferentem
  • Negligent Financial Advice
  • Insurance-contract-interpretation
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Commercial And Corporate [2018] ZASCA 142

Propell Specialised Finance (Pty) Ltd v Attorneys Insurance Indemnity Fund NPC (1147/2017)

Propell Specialised Finance (Pty) Ltd v Attorneys Insurance Indemnity Fund NPC (1147/2017) [2018] ZASCA 142; [2019] 1 All SA 79 (SCA); 2019 (2) SA 221 (SCA) (28 September 2018)

The Supreme Court of Appeal held that indemnity rights under a professional insurance policy for attorneys were not capable of cession without the insurer’s consent.

  • Insurance Contracts
  • Cession Of Rights
  • Delectus Personae
  • Pactum De Non Cedendo
  • Professional Indemnity
  • Locus Standi
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Commercial And Corporate [1993] ZASCA 199

Mccarthy Contractors (Pty) Ltd. v Aegis Insurance Company Ltd. (374/92)

Mccarthy Contractors (Pty) Ltd. v Aegis Insurance Company Ltd. (374/92) [1993] ZASCA 199 (1 December 1993)

The court held that a professional indemnity policy did not cover rectification costs incurred after the policy period ended, so the appeal failed.

  • Insurance Policy Construction
  • Professional Indemnity
  • Rectification Of Defects
  • Insolvency Act Section 156
  • Insurance-policy-construction
  • Professional-indemnity
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.